N. Kamalam (Dead) And Anr vs Ayyasamy & Anr

The Supreme Court clarified the principles of testamentary jurisdiction, emphasizing that the onus probandi lies on the party propounding a will, as established in Section 3 of the Transfer of Property Act. The Court reiterated that attestation requires the intent to attest (animo attestandi), meaning witnesses must sign with the purpose of confirming the execution of the will. The judgment distinguished previous cases, confirming that individuals signing for purposes other than attestation do not qualify as attesting witnesses, thereby upholding the legal standards for valid will execution.